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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
"2019 Highest 4373"
1. Around September 23, 2018, the Defendant against the victim M made a false statement to the effect that “A vehicle in the name of the wife was destroyed by gambling and offered as a security to the victim M in the vicinity of the Yangju-si, the Defendant would recover the vehicle and offer it as security if it was lent money.”
However, in fact, there was no permission from N, the nominal owner of the above BMW car as a collateral for the portion of the vehicle, and there was no personal liability of 100 million won or more, but there was no specific income, and there was no intention or ability to repay the debt even if the vehicle was borrowed from the victim.
As such, the Defendant, by deceiving the victim, received KRW 5 million from the victim who was in his/her position as the borrowed money, and accordingly, corrected the clerical error from around October 12, 2018.
In addition, as shown in the attached Table 1, the sum of KRW 16.7 million was received on four occasions in the name of the borrowed money as shown in the attached Table 1.
2. On November 1, 2018, the Defendant made a false statement to the effect that “after having purchased scrap metal every week in the business of selling and selling scrap metal at a non-permanent place, the Defendant made a false statement to the effect that “after having purchased the scrap metal every week in the business of selling and selling scrap metal to the large iron office on the following day of the week, the price of supply is made by cash transaction at the demand date, and the price of supply is made by means of cash transaction, and a profit equivalent to approximately KRW 7% is generated.”
However, the fact is that the defendant's 's 's 's 's 's 's 's 's 's '' did not operate a business related to the scrap metal business, and the defendant did not invest 100 million won in the scrap metal business, and even if he received money from the victim for the 's 's 's 's investment